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Illinois Product Liability


Many people are injured by unsafe products each year, but many are also unaware of their entitlement to compensation for the injuries they’ve sustained.

Product liability is defined as “the legal responsibility of a manufacturer, producer, retailer, distributor, or vendor of a product to compensate an injured victim” when a product directly causes harm or personal injury.

There is a wide range of entities which may be involved in these claims, including the aforementioned as well as assemblers, suppliers, wholesalers, and commercial lessors. Public policy states that consumers should not need to worry that a product they use is dangerous due to improper manufacturing, defective design, or inadequate warning labels, and when an individual is injured by such a product, companies which manufacture or sell it may be held liable for his/her injuries. In addition to compensating victims, product liability claims also help protect consumers at large by raising awareness of the dangers of particular products.

In Illinois, there are generally two principles under which a seller or manufacturer may be responsible for a consumer’s injuries:

Negligence – Under the theory of negligence, a product liability claimant must prove four things: 1) The manufacturer or seller owed him/her a duty of care; 2) The defending entity breached this duty of care; 3) The injury was foreseeable and directly caused by the defendant’s negligence; and 4) one or multiple compensable injuries were suffered by the plaintiff.

Strict liability – Under strict liability, the claimant must prove: 1) His/her injury resulted from a product with a dangerous condition or defect which was sold or manufactured by the defendant; 2) The condition or defect was unreasonably dangerous; and 3) The condition or defect existed when the product left the control of the manufacturer.

There are generally three types of product defects: design, manufacturing, and marketing. A design defect is an inherent flaw in the product’s design; a manufacturing defect is a mistake in a product’s assembly or manufacture in which the product deviates from the originally intended design; and a marketing defect occurs when a seller or manufacturer fails to adequately warn consumers about a product’s potential dangers.

If you or a loved one has suffered an injury due to a defective product, contact Mike Agruss Law, LLC for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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